华东理工大学 成人高等教育学习指导书 法律基础 刘金祥编写 春定工大学地氧学 华东理工大学继续教育学院组编 二○○六年八月
法律基础 刘金祥 编写 华东理工大学继续教育学院组编 二○○六年八月 华 东 理 工 大 学 成人高等教育学习指导书
前 言 《法律基础》课程是我国大学生必修的公共法制教育课。本门课程以马克思列宁主义、 毛泽东思想、邓小平理论和“三个代表”重要思想为指导，对大学生进行我国社会主义法的 基本理论、宪法和有关法律的基本精神和内容的教育。 本门课程的内容由二大部分构成：我国社会主义法的基本理论，包括法的产生和发展、 法的本质和类型、法的作用、法的创制和实施、法律意识以及民主政治建设、依法治国和以 德治国、民主法制建设等理论：我国宪法和有关法律，包括宪法、民法、婚姻法、继承法、 刑法、诉讼法等部门法的基本精神和内容。 学习本门课程，是培养大学生遵纪守法，维护社会稳定与和谐的需要：是使大学生正确 理解和坚持实行依法治国方略，建设社会主义法治国家的需要：是完善和优化大学生的知识 结构和文化素质，使他们成为“四有”人才的需要：也是实现党的十六大确定的全面建设小 康社会的宏伟目标的需要。 本门课程的学习要坚持理论联系实际、课堂学习与课外学习相结合、学以致用、积极参 加法律实践的原则和方法。 2
2 前 言 《法律基础》课程是我国大学生必修的公共法制教育课。本门课程以马克思列宁主义、 毛泽东思想、邓小平理论和“三个代表”重要思想为指导，对大学生进行我国社会主义法的 基本理论、宪法和有关法律的基本精神和内容的教育。 本门课程的内容由二大部分构成：我国社会主义法的基本理论，包括法的产生和发展、 法的本质和类型、法的作用、法的创制和实施、法律意识以及民主政治建设、依法治国和以 德治国、民主法制建设等理论；我国宪法和有关法律，包括宪法、民法、婚姻法、继承法、 刑法、诉讼法等部门法的基本精神和内容。 学习本门课程，是培养大学生遵纪守法，维护社会稳定与和谐的需要；是使大学生正确 理解和坚持实行依法治国方略，建设社会主义法治国家的需要；是完善和优化大学生的知识 结构和文化素质，使他们成为“四有”人才的需要；也是实现党的十六大确定的全面建设小 康社会的宏伟目标的需要。 本门课程的学习要坚持理论联系实际、课堂学习与课外学习相结合、学以致用、积极参 加法律实践的原则和方法
课 程说 明 1.课程名称：《法律基础》 2.课程学时：36学时/2学分（授课32课时/实践4课时） 3.适用专业：专科、本科 4.教材：江伟钰主编：《大学法律基础教程》，华东理工大学出版社，2003年8月出版 5.参考书： (1)修义庭主编《法律基础》，上海教育出版社，1999年9月出版 (2)姜德高主编《法律基础理论》，中国人事出版社，1998年4月出版 (3)刘金祥主编《市场经济法律基础新编》，华东理工大学出版社，1997年8月出版 (4)黄银山主编《大学法律基础》，立信会计出版社，2002年5月出版 (5)吴祖谋主编：《法学概论》，法律出版社，1994年出版 (6)刘文华主编：《经济法律通论》，高等教育出版社，2000版
课 程 说 明 1.课程名称：《法律基础》 2.课程学时：36 学时/2 学分（授课 32 课时/实践 4 课时） 3.适用专业：专科、本科 4.教材：江伟钰主编：《大学法律基础教程》，华东理工大学出版社，2003 年 8 月出版 5.参考书： （1）修义庭主编《法律基础》，上海教育出版社，1999 年 9 月出版 （2）姜德高主编《法律基础理论》，中国人事出版社，1998 年 4 月出版 （3）刘金祥主编《市场经济法律基础新编》，华东理工大学出版社，1997 年 8 月出版 （4）黄银山主编《大学法律基础》，立信会计出版社，2002 年 5 月出版 （5）吴祖谋主编：《法学概论》，法律出版社，1994 年出版 （6）刘文华主编：《经济法律通论》，高等教育出版社，2000 版
目 录 1.法的基础理论 1.1学习要求 ……1 1.2内容简述 1 1.2.1法的一般原理 …1 1.2.2我国的基本法律制度 …4 1.2.3社会主义法的实施 ……6 1.2.4法治国家 …7 1.3本章知识点 ……8 1.4例题与习题 ……8 1.5习题解答 9 2.宪法 o 2.1学习要求 10 2.2内容简述 10 2.2.1宪法概述 10 2.2.2国家的基本制 12 2.2.3公民的基本权利与基本义务 13 2.2.4我国的国家机构 13 2.3本章知识点 15 2.4例题与习题 15 2.5习题解答 17 3.刑法 18 3.1学习要求 18 3.2内容简述 18 3.2.1刑法概述 18 3.2.2犯罪 19 3.2.3刑罚 22 3.3本章知识… 25 3.4例题与习题 25 35习题解答……………… 27
1 目 录 1.法的基础理论·························································································1 1.1 学习要求 ····························································································1 1.2 内容简述 ····························································································1 1.2.1 法的一般原理····················································································1 1.2.2 我国的基本法律制度············································································4 1.2.3 社会主义法的实施 ··············································································6 1.2.4 法治国家··························································································7 1.3 本章知识点··························································································8 1.4 例题与习题··························································································8 1.5 习题解答 ····························································································9 2.宪法 ··································································································10 2.1 学习要求 ··························································································10 2.2 内容简述 ··························································································10 2.2.1 宪法概述························································································10 2.2.2 国家的基本制··················································································12 2.2.3 公民的基本权利与基本义务 ·································································13 2.2.4 我国的国家机构 ···············································································13 2.3 本章知识点························································································15 2.4 例题与习题························································································15 2.5 习题解答 ··························································································17 3.刑法 ··································································································18 3.1 学习要求 ··························································································18 3.2 内容简述 ··························································································18 3.2.1 刑法概述························································································18 3.2.2 犯罪 ·····························································································19 3.2.3 刑罚 ·····························································································22 3.3 本章知识 ··························································································25 3.4 例题与习题························································································25 3.5 习题解答 ··························································································27
4.民法…28 4.1学习要求 28 4.2内容简述 28 4.2.1民法的概念和调整对象 28 4.2.2民事法律关系 28 4.2.3民事主体 29 4.2.4民事法律行为和代理 30 4.2.5民事权利… 3 4.2.6民事责任 33 4.3本章知识点 36 4.4例题与习题 36 4.5习题解答 38 5.婚姻法与继承法 444444 39 5.1学习要求 39 5.2内容简述 39 5.2.1婚姻法 39 5.2.2继承法 41 5.3本章知识点 43 5.4例题与习题 43 5.5习题解答…… 45 6.诉讼法 46 6.1学习要求. 46 6.2内容简述… 46 6.2.1行政诉讼法 46 6.2.2民事诉讼法 48 6.2.3刑事诉讼法 52 6.3本章知识点 54 6.4例题与习题 54 6.5习题解答… 55
2 4.民法 ··································································································28 4.1 学习要求 ··························································································28 4.2 内容简述 ··························································································28 4.2.1 民法的概念和调整对象·······································································28 4.2.2 民事法律关系··················································································28 4.2.3 民事主体························································································29 4.2.4 民事法律行为和代理··········································································30 4.2.5 民事权利························································································31 4.2.6 民事责任························································································33 4.3 本章知识点························································································36 4.4 例题与习题························································································36 4.5 习题解答 ··························································································38 5.婚姻法与继承法 ····················································································39 5.1 学习要求 ··························································································39 5.2 内容简述 ··························································································39 5.2.1 婚姻法 ··························································································39 5.2.2 继承法 ··························································································41 5.3 本章知识点························································································43 5.4 例题与习题························································································43 5.5 习题解答 ··························································································45 6.诉讼法 ·······························································································46 6.1 学习要求 ··························································································46 6.2 内容简述 ··························································································46 6.2.1 行政诉讼法·····················································································46 6.2.2 民事诉讼法·····················································································48 6.2.3 刑事诉讼法·····················································································52 6.3 本章知识点························································································54 6.4 例题与习题························································································54 6.5 习题解答 ··························································································55